The Insurance Law Podcast Series examines timely and important legal issues affecting the insurance industry, from an attorney's point of view. Past topics have included regulatory compliance, sports law, negligent security and more.

Posted: Thu, 05 Feb 2015Attorney Charlie Lemley, from the law firm of Wiley Rein LLP in Washington, D.C., discusses factors insurers should consider in deciding whether to offer independent counsel when defending an insured under a reservation of rights.

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The Law Digest serves as a summary of the insurance laws for each state and the Canadian Provinces. Our aim is to provide a reference source for each state and province that covers some of the general insurance principles in leading case decisions. We search for law firms that are of excellent reputation and sufficient size to undertake and fulfill the responsibility of revising the laws.

Legal Precedents Impacting the Insurance Industry within the Past Year:

Idaho courtesy of Elam & Burke, P.A. of Boise, IDFailure to use a seat belt is admissible as evidence if the defendant can show by clear and convincing evidence that the claimant's failure to wear a safety restraint was a contributing cause of the particular injury or damage sustained by the claimant. I.C. § 6–1608.

Special Report: U.S. Workers' Compensation Results Sustain Recent ImprovementThe workers' compensation industry's results continued a favorable trend in 2013, marking the third consecutive year of improvement in underwriting performance. The industry's combined ratio declined to 98.6, an 11.7-point decrease from 2012 and the lowest calendar-year combined ratio since 2006. Read More...

Krystal D. Hermiz, a partner with the firm Secrest, Wardle, Lynch, Hampton, Truex and Morley, P.C. in Troy, MI, recently attended the In Defense of Christians Inaugural Summit. Secrest Wardle sponsored Ms. Hermiz in her participation at the summit. Ms. Hermiz, a first-generation Chaldean American, is actively involved in community efforts to help Christians in Iraq who are displaced by the present violence. Read More...

In Montana, the court answered a certified question on whether the state's comparative negligence statute authorizes a tortfeasor to settle with a claimant or litigant and subsequently pursue contribution from a joint tortfeasor. In Oregon, new precedents have been set with regard to cooperation of insured. In Ontario, several sections have been significantly expanded. Read More....

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